The Court of Appeal's decision in Advanced Multi-Technology v Uniserve is a reminder that if you “repudiate” a contract, for example by saying you are not going to perform, the contract remains in place unless the other side...more
10/10/2025
/ Appeals ,
Appellate Courts ,
Breach of Contract ,
Commercial Litigation ,
Contract Disputes ,
Contract Termination ,
Damages ,
Dispute Resolution ,
Suppliers ,
Supply Chain ,
UK
Shortly after the London markets closed on October 7, the Financial Conduct Authority published a consultation (CP25/27) incorporating its proposed market‑wide consumer redress scheme under section 404 of the Financial...more
10/9/2025
/ Automotive Industry ,
Car Dealerships ,
Consumer Lenders ,
Consumer Protection Laws ,
Financial Conduct Authority (FCA) ,
Financial Services and Markets Act ,
Proposed Rules ,
Redress Payments ,
Regulatory Oversight ,
UK ,
Unfair or Deceptive Trade Practices
Like most people, lawyers love the idea of having their cake and eating it. A good example is when they deploy the phrase “only to the extent permitted”. But does it work as a drafting technique? A recent Court of Appeal...more
The 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (the Judgments Convention) is in force for the UK from July 1, 2025....more
On June 2, 2025, the Civil Justice Council (“Council”)—a public body that reviews and makes recommendations to the UK Government about the English civil justice system—published its much-anticipated report on litigation...more
A colleague told me about a conference at UCL on contract law and the unexpected saying, “Looks like a nice day out Jason”.
When I was emailed 12 hefty draft papers by way of pre-reading, I realised it was a rather...more
We are starting to hear reports of businesses declaring the Trump Administration's Executive Order on tariffs to be a force majeure event under their contracts. Most of us now have rather more experience than we'd like to of...more
If you draft contracts, you want to ensure, if there's ever a dispute, that the court agrees with your meaning. As a litigator, you will want the words to mean whatever your client wants them to mean. Either way, you need to...more
2/6/2025
/ Breach of Contract ,
Business Litigation ,
Contract Disputes ,
Contract Drafting ,
Contract Interpretation ,
Contract Terms ,
Dispute Resolution ,
EU ,
Litigation Strategies ,
Risk Management ,
UK
Entire agreement clauses are very common. This recent decision confirms their effectiveness: JMW Solicitors v Injury Lawyers 4U.
Background – shareholder dispute -
Some firms of solicitors, including JMW, set up a...more
1/15/2025
/ Breach of Contract ,
Commercial Litigation ,
Contract Terms ,
Corporate Governance ,
Dispute Resolution ,
Estoppel ,
EU ,
Financial Services Industry ,
Shareholders ,
Shareholders' Agreements ,
Summary Judgment ,
UK
Have you amended a contract recently? The UK Supreme Court in Cobalt v HMRC has said that whether a contract has been varied, or replaced, depends on the parties’ common intention, objectively ascertained. So if you are...more
Standard Chartered issued preference shares to Guaranty to satisfy certain regulatory capital requirements. Guaranty was the sole registered shareholder as nominee for a depository which issued American depository shares. It...more
This is the final note in a three-part series on the regulation of artificial intelligence in the financial services sector in the United States, the European Union and the United Kingdom. Our first note, we provided a...more
10/21/2024
/ Artificial Intelligence ,
Consumer Protection Laws ,
Data Protection ,
Enforcement Actions ,
EU ,
Financial Services Industry ,
General Data Protection Regulation (GDPR) ,
Information Commissioner's Office (ICO) ,
Legislative Agendas ,
Liability ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Requirements ,
Securities and Exchange Commission (SEC) ,
UK ,
United States
Rapid and accelerating developments in artificial intelligence have prompted governments around the world to consider how AI should be regulated and used responsibly by businesses, without stifling innovation.
This is...more
10/17/2024
/ Artificial Intelligence ,
Capital Markets ,
Data Protection ,
EU ,
Financial Conduct Authority (FCA) ,
Financial Services Industry ,
General Data Protection Regulation (GDPR) ,
Innovative Technology ,
Intellectual Property Protection ,
Machine Learning ,
Privacy Laws ,
Regulatory Agenda ,
Technology Sector ,
UK ,
White Collar Crimes
Many governments are grappling with the question of how to regulate artificial intelligence to ensure it is adopted safely and used responsibly without hampering innovation. Governments have generally indicated similar...more
10/8/2024
/ Artificial Intelligence ,
Bank of England ,
Bergdorf Goodman ,
Data Collection ,
Data Processors ,
Data Selling ,
Documentation ,
EU ,
European Banking Authority (EBA) ,
European Securities and Markets Authority (ESMA) ,
Financial Conduct Authority (FCA) ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Institutions ,
Financial Services Industry ,
Information Governance ,
Machine Learning ,
MiFID II ,
Personal Data ,
Popular ,
Privacy Laws ,
Prudential Regulation Authority (PRA) ,
Regulatory Agenda ,
Regulatory Standards ,
Risk Management ,
Third-Party ,
Training ,
Transparency ,
UK
With AI we face a combination of accelerating technological development and, depending on the jurisdiction, a greater or lesser degree of legislative intervention.
Artificial intelligence burst into our collective...more
10/4/2023
/ Advertising ,
Artificial Intelligence ,
Bots ,
China ,
Copyright ,
Cybersecurity ,
Data Protection ,
Ethics ,
EU ,
Innovative Technology ,
Intellectual Property Protection ,
Legislative Agendas ,
Machine Learning ,
Misrepresentation ,
Popular ,
Regulatory Agenda ,
Regulatory Requirements ,
UK
The laws that govern the metaverse are grounded in those of Planet Earth. Private civil laws relating to contract, tort, IP and data privacy all bite, as do criminal and regulatory laws. Where the difference lies is in their...more
10/4/2023
/ Arbitration ,
Artificial Intelligence ,
Civil Liability ,
Data Privacy ,
Dispute Resolution ,
Enforcement ,
EU ,
Intellectual Property Protection ,
Machine Learning ,
Metaverse ,
Popular ,
Regulatory Agenda ,
Regulatory Requirements ,
Risk Management ,
Technology Sector
How should decisions made by AI be evaluated in a bid to ascertain and attribute legal liability when things go wrong, given we may not be capable of understanding how those decisions were made?
“Unless you obey my...more
Disputes risks are an ever-present part of doing business. Indeed, for some, these risks are built into their business model. They like to move fast and accept they may break some things. Disputes are part of the cost of...more
Eleven months after the publication of its monster consultation paper, the Law Commission has published its final report on Digital Assets. Last time, tongue in cheek, we likened the hype to that for “Top Gun: Maverick”,...more
One of the many legal consequences of Russia’s full-scale invasion of Ukraine in February last year was that businesses were faced with having to analyse the exact remit of sanctions laws and the extent to which they caught...more
The first week of May 2023 saw further EU case law emerge on the right to compensation under the GDPR, and in this blog we analyse the implications of these latest rulings and consider what may be coming next....more
The Court of Appeal has applied business common sense to resolve a dispute about the scope of a patent licence and the meaning of a so-called patent laundering clause....more
Last autumn, the Court of Appeal held that actions taken by majority shareholders of a company, asking directors to resign, were not unfairly prejudicial to the minority shareholders. In doing so, the court made some...more
Foreign states formally recognised by the UK government have unlimited capacity, the UK Supreme Court has confirmed, in a significant decision in long running litigation between a trustee for Eurobonds (held by Russia) and...more
Digital bonds, including those issued on a public blockchain, can be accommodated by English law, according to the UK Jurisdictional Taskforce in its brand-new legal statement. The position is slightly more challenging for...more